2020 years, Japan's Patent Office agrees with Asahi (ASAHI) Golf Limited will "eagle" Graphic trademark used for No 9, 25 and 28 Class of goods, But Armani demurred. Armani said, Since the Asahi logo is associated with Armani's use in the No 25 The eagle logo of a class of goods is similar and may cause confusion, Asahi's trademark should therefore be revoked. but, Japan's Patent Office appeals panel found that the evidence submitted by Armani was insufficient to support the assumption of a well-known trademark. This is despite the fact that Armani says it does business in Japan and discloses sales figures in its dissent filing, But the commission ruled, The evidence produced by Armani was insufficient to prove his allegations. Japanese lawyer Mikame Matsumae (Masaki Mikami, transliteration) According to, In accordance with Japan "Trademark law" The first 4 (1) (xv) There are several established factors to consider when assessing the likelihood of confusion: Popularity of a trademark; The originality of the trademark／novelty; The similarity between trademarks; The similarity of goods or services and the actual situation in commercial use. "If the trademark is deemed to be not well-known enough in Japan, it is not acceptable 4 (1) (xv) Strip protection, The Japanese Patent Office will not make a decision in favour of the owner of a well-known brand (Trademark owner) award. Armani's eagle logo has become well-known among Japanese consumers. But from a legal point of view, it's not enough to be a cause of action. Amani should have provided sufficient evidence to the Japanese Patent Office. For famous brand owners eager to broadly protect their brands in Japan, The Amani case is an important lesson. " Mikamatsu pointed out, Even if the objection fails, Armani still has the opportunity to file an annulment and argue on the same grounds. Statistics show that, It is harder to revoke a trademark through an objection than through an annulment action. The odds of success are slim 20%, But the success rate of invalid suits is close 45%. Mikamatsu's advice to brand owners: "Collect and preserve evidentiary materials regularly, Such as newspapers and periodicals, magazine, Advertising and merchandise pictures, This proves that the trademark is widely used in Japan. "

(Compiled from asiaiplaw. com)

Reprinted from China Intellectual Property Network  translation: Rason group　proofread: Wang Dan

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